Before filing a design application or marketing it, you’d better conduct a prior art search to determine the availability and novelty of the design. The purpose of this search is to protect you against potential infringement or unfair competition claims, for example. In the event of a dispute with another company, a prior art search allows you to verify the paternity of the design: who created it first, who has the right to claim it?
But conducting this search is no easy task. What tips can you use to make this process more efficient?
Here are three tips for conducting an effective prior art search.
Target the right sources to avoid becoming overwhelmed
One of the first steps in conducting an effective prior art search is to consider which areas to focus on. There are many different sources available, so it is essential to identify in advance those that seem most relevant to the objectives being pursued.
For example, if the prior art search is conducted as a preventive measure, it is advisable to focus primarily on designs currently on the market, originating from direct and/or well-known competitors, and distributed in the territory that you are also targeting. The search can of course be extended in order to further minimize risks.
In the context of an infringement action, the search for prior art must focus on designs existing prior to the claimed date of creation. The sources to be prioritized depend not only on this date, but also on the type of product and the style of the design in question. For example, an Art Deco style motif would require consulting works relating to the 1930s; an armchair claimed in 1972 would be better sought in museum collections displaying older creations; while a search relating to a ballpoint pen would focus mainly on registrations, as this type of product is rarely documented in specialized literature.
Use tools to facilitate research: the Internet and AI
The Internet is an essential source for prior art searches, and although it does not always provide satisfactory results, especially when it comes to finding indisputable evidence, it can provide valuable avenues for research.
We also recommend that you begin your prior art search with an Internet search, even if only brief, in order to find ideas for sources and better assess the complexity of the search.
It is important to carefully select keywords that most accurately describe your creation. To do this, it may be helpful to look at how the main retailers present similar items on the Internet. Feel free to test several keyword combinations to identify those that deliver the most relevant results. If you are looking for vintage sources or references, terms such as “70s,” “vintage,” or “retro” may also prove valuable.
( !) Additional tips : there are lexical field generators that are easily accessible online.
Visual recognition using artificial intelligence is also an interesting research tool, whether it’s online (such as Google Lens, etc.) or integrated into industrial property registers. The relevance of the results will depend in particular on the nature of the design—a simple design is generally easier to identify than a design with many details. It is therefore recommended that the tool be tested for each creation in order to assess its effectiveness on a case-by-case basis.
In industrial property registers, you can multiply the visuals of the same design, in several colors, cut out or not, in order to increase the chances of obtaining interesting results.
However, be careful not to upload images of a design that has not yet been revealed. To preserve confidentiality, it is recommended that you use images of other designs with similar features.
Associate an exact date with the design
In the context of a dispute, it is common to search for prior art from a specific date. This date is important because it will guide you in determining the type of sources to focus on.
If your request is a preventive measure and you are not aware of any prior designs by any competitors, then you will need to search all dates. However, if you have identified a competitor whose design may be a source of conflict, then you will need to take the time to date that design before launching a prior art search, otherwise the results obtained may be obsolete.
Associating a date of creation with your design is important for claiming your rights. You can register your creation with an industrial property institute such as the INPI for France and the EUIPO for Europe. It is also recommended that you keep publications and any other dated evidence of your creation in order to enforce copyright.
These tips will undoubtedly help you to improve the efficiency of your future design prior art searches. But if you want to save time and obtain reliable and relevant sources, you can also opt for professional search services. At Paperz IP, we are experts in documentary research. We conduct searches based on the characteristics of your design and using a tailor-made strategy.
We have archives containing thousands of references dating back to the early 20th century, including magazines such as Elle, Ideat, and Harper’s Bazaar, catalogs from Manufrance, Ikea, and Argos, brochures from Leroy Merlin, Lidl, and El Cortes Ingles, and books on jewelry, toys, sneakers, perfumes, and more. We conduct research in these archives, but also on the internet, in IP registers, external databases, and museums.
For more information, please contact us!
